TA6-06068

TA6-06068

On the balance of probabilities the panel found the principal claimant is entitled to Mexican citizenship or could obtain it with minimal formalities, the documentary record shows Mexico is capable and is taking serious steps to combat corruption, the claimants did not seek protection in Mexico and failed to provide clear and convincing evidence that Mexico could not protect them; therefore they did not meet the tests under ss.96 or 97(1) IRPA and their claims are rejected.

Citation
TA6-06068
Parties
Principal Claimant (citizen of Colombia): XXXXX XXXXX XXXXX XXXXX; Co Claimant (citizen of Mexico): XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 November 2007
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act (ss.96 and 97(1)) / Hearing and Final Determination by Refugee Protection Division
Outcome
Claims rejected; claimants found not to be Convention refugees and not persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Citizenship, Burden of Proof, Corruption, Exhaustion of Local Remedies, Psychological Harm
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection State Protection Citizenship Burden of Proof +3 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant (citizen of Colombia)

XXXXX XXXXX XXXXX XXXXX

Co Claimant (citizen of Mexico)

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act (ss.96 and 97(1)) / Hearing and Final Determination by Refugee Protection Division

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 IRPA
  2. 2 Whether claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Whether Mexico can provide state protection to the claimants

Ratio Decidendi

On the balance of probabilities the panel found the principal claimant is entitled to Mexican citizenship or could obtain it with minimal formalities, the documentary record shows Mexico is capable and is taking serious steps to combat corruption, the claimants did not seek protection in Mexico and failed to provide clear and convincing evidence that Mexico could not protect them; therefore they did not meet the tests under ss.96 or 97(1) IRPA and their claims are rejected.

Court Disposition

Claims rejected; claimants found not to be Convention refugees and not persons in need of protection.

Orders

  • Refugee protection claims of XXXXX XXXXX XXXXX XXXXX and XXXXX XXXXX XXXXX XXXXX are rejected